Selvaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Selvaraj ... Petitioner/Husband of the detenue Vs.

1.The Superintendent of Police, Ramanathapuram.

2.The Deputy Superintendent of Police, Rameshwaram, 3.The Inspector of Police, Uchipuli Police Station, ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Habeas Corpus directing the respondents to produce or body of detenue namely, Kasthuri, wife of Selvaraj, aged 39 years, Logeswaran, Son of Selvaraj, aged 17 years, before this Court and set them at liberty.

For Petitioner : Mr.P.Surliraja For Respondents : Mr.S.Ravi Additional Public Prosecutor

O R D E R

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The prayer in the Habeas Corpus Petition is to direct the respondents to produce the person or body of the detenue namely, Kasthuri, wife of Selvaraj, aged 39 years, Logeswaran, Son of Selvaraj, aged 17 years, before this Court and set them at liberty. 1/3

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. According to the petitioner, the detenues are kept in illegal custody.

4.When the matter is taken up for hearing today, the detenu namely Logeswaran, aged about 17 years produced before this Court. On enquiry, the detenue stated that he is studying in Catering Technology and also undergone training in a private catering institute, Karaikudi and also stated that his mother has developed relationship with one person from the Village Vellaiyanvalasu and she has eloped with him. The said statement clearly indicates that the wife of the petitioner has developed illegal intimacy and eloped with a person.

5.In the light of the above statement, we do not find any illegal custody. The remedy available to the petitioner is to approach the Family Court seeking for restitution of conjugal rights or any other remedy, if he is advised so.

6.With these observation, this Habeas Corpus Petition is disposed of.

Sd/- Assistant Registrar(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The Superintendent of Police, Ramanathapuram.

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2.The Deputy Superintendent of Police, Rameshwaram, 3.The Inspector of Police, Uchipuli Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.SURLIRAJA, Advocate ( SR-4590[F] dated 07/02/2022 ) 07.02.2022 ss(CO) TR(15.02.2022) 3P 6C 3/3